Dwayne A. Moore v. R. James Nicholson’s Empirical Analysis
2007
Citation profile
2 federal appellate ·
Relationships
Applies 38 U.S.C. § 5103A · 38 U.S.C. § 5107 · 38 U.S.C. § 5110 · 38 U.S.C. § 7261
Relies on Seminole Tribe of Florida v. Florida · McDonough Power Equipment, Inc. v. Greenwood · Conway v. Principi · Green v. Derwinski · Suttmann v. Brown
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he Court is not persuaded that the [service medical records] that [Moore] alleges should have been obtained would be relevant to any disputed issue, even if they were obtained. In other words, even if the [service medical records] were obtained and indicated that [Moore] displayed a symptom in service that was not observed in any of the postservice medical examinations, such records would not help his claim. He is simply not entitled to disability compensation for symptoms he experienced in service where those symptoms did not persist into the period for which he has been awarded compensation. The issue on appeal is what level of disability did [Moore] experience after September 16, 1992? To answer that question, the Board properly obtained and relied upon medical evidence from the period after September 16,1992.”
1 later decision quote this exact passagee.g. Moore v. Shinseki“In the case of a claim for disability compensation, the assistance provided by the Secretary ... shall include obtaining the following records if relevant to the claim: (1) The claimant’s service medical records and, if the claimant has furnished the Secretary information sufficient to locate such records, other relevant records pertaining to the claimant’s active military, naval, or air service that are held or maintained by a governmental entity.”
1 later decision quote this exact passagee.g. Moore v. Shinseki
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.